Michels v. United States

OPINION AND ORDER

GEORGE W. MILLER, Judge.

This ease is before the Court on the motion of defendant (“the Government”) to dismiss plaintiffs complaint for failure to state a claim upon which relief can be granted. In her complaint, plaintiff seeks to recover damages for the taking of her property without compensation in violation of the Fifth Amendment to the United States Constitution. Specifically, plaintiff alleges that the early expiration of her patent by reason of her failure to pay a statutorily-mandated maintenance fee constituted such a taking. The Government seeks dismissal of…